Understanding Compensation for Victims of Product Defects in Ohio

When it comes to consumerism, product defects can be a serious threat to individuals who unknowingly purchase defective goods in stores or online. Thankfully, every state in the U.S., including Ohio, has implemented product liability laws to help victims pursue compensation for injuries caused by defective or unsafe products.

Product Liability Laws in Ohio

Product liability laws in Ohio ensure that manufacturers, distributors and sellers are held accountable if they fail to produce safe products that don’t injure people when they’re used as intended. Ohioans can find the relevant laws in sections 2307.71 to 2307.80 of the Ohio Revised Code, but they’re fairly similar to the liability rules in most states.

There are some aspects of product liability that can make cases more complicated than other types of personal injury, like car accidents. Many product-related injuries are due to misuse or modification by the purchasers of the product. For example, if you remove safety features or fail to wear manufacturer-recommended protective gear when using power tools or lawn and garden equipment and are injured, it may be more difficult to hold the manufacturer liable.

It often depends on whether your legal team can prove the injury would have happened due to the defect regardless of whether you took the necessary safety steps.

Many manufacturers take steps to shield themselves from liability. A good example are laundry detergent pods for clothes washers. Manufacturers now provide explicit warnings to keep the pods out of the reach of children and have made a number of packaging modifications to make them less visually appetizing and harder to bite through.

If a laundry detergent pod manufacturer is sued for an injury caused by the ingestion of the pod, they can defend themselves by pointing to all these efforts they made to prevent the injury from occurring.

These added features don’t necessarily make product liability cases impossible, but it may raise the evidentiary bar to pursue a successful injury claim.

Types of Product Defects

Product defects can occur at any stage in the design, manufacturing or production process. Most defect types fall into one of three primary categories, including design defects, manufacturing defects and marketing defects.

• Design Defects: Includes flaws in the product's design that make it inherently unsafe.
• Manufacturing Defects: Includes problems that occur during the manufacturing process.
• Marketing Defects: Includes improper or inadequate warnings and instructions.

Compensation for Damages

Victims injured by dangerous products in Ohio have the right to seek compensation for any harm caused by the defective product they purchased.

Medical Expenses: This includes reimbursement for any medical bills related to injuries that were caused by the defective product.

Lost Wages: This includes compensation for the work and wages you missed while you were recovering from injuries caused by the defective product.

Pain and Suffering: This includes compensation for the physical pain and emotional distress caused by the defective product.

Property Damage: This includes compensation for any damage to personal property resulting from the defective product.

Documentation of all the ways in which a defective product impacted your life is vital to the success of your claim. Always see a doctor as soon as possible after an injury and keep the product and receipts of purchase. Do not modify the product, have it repaired or continue using it after an injury occurs. 

Proving Liability

In order to receive compensation for a defective product, victims must be able to prove they were using the unmodified product as intended. In the state of Ohio, the statute of limitations for a product liability lawsuit is two years. This means you need to formally file a claim within two years if you want to recover compensation.

Although you technically have two years, it’s typically best not to wait until the last minute to contact an attorney. Evidence can become lost, witness memories can fade and liable parties, like manufacturers, can come and go (especially if they were producing dangerous, low-quality products). While you may still be able to pursue compensation a year or more after the incident, it’s usually better to act fast.

Class Action Lawsuits

If a large group of individuals has suffered similar injuries or damages as a result of a defective product, they may pursue a class action lawsuit, which allows victims to pool resources to go up against manufacturers with deep pockets and high-priced insurance company lawyers.

Pursuing a class action lawsuit may provide a jury with more concrete evidence and examples of the dangerous defect, as it’s not just a one-off event or the actions of a single product purchaser. 

Connect With a Product Liability Attorney in Ohio

If you or a loved one have been injured by a dangerous or defective product in Ohio, the Buckeye Law Group is here for you. Our skilled defective product liability attorneys will guide you every step of the way and help you navigate all of the complexities associated with your case.

Start by giving us a call today at 1-800-411-PAIN or schedule your free consultation by filling out our online form.